Tomatoes Grown in Florida; Modification of Handling Requirements; Withdrawal, 19869-19870 [2021-07730]

Download as PDF 19869 Notices Federal Register Vol. 86, No. 71 Thursday, April 15, 2021 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. AFRICAN DEVELOPMENT FOUNDATION Public Quarterly Meeting of the Board of Directors United States African Development Foundation. ACTION: Notice of meeting. AGENCY: The US African Development Foundation (USADF) will hold its quarterly meeting of the Board of Directors to discuss the agency’s programs and administration. This meeting will occur at the USADF office. DATES: The meeting date is Tuesday, April 27, 2021, 10:00 a.m. to 11:30 a.m. ADDRESSES: The meeting will be held by teleconference. Please contact the Agency Contact listed below for conference details. FOR FURTHER INFORMATION CONTACT: Nina-Belle Mbayu, (202) 233–8808, nbmbayu@usadf.gov. SUMMARY: (Authority: Public Law 96–533 (22 U.S.C. 290h)). Dated: April 12, 2021. Nina-Belle Mbayu, Acting General Counsel. [FR Doc. 2021–07734 Filed 4–14–21; 8:45 am] BILLING CODE 6117–01–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 966 jbell on DSKJLSW7X2PROD with NOTICES [Doc. No. AMS–SC–20–0004; SC20–966–1] Tomatoes Grown in Florida; Modification of Handling Requirements; Withdrawal Agricultural Marketing Service, USDA. ACTION: Proposed rule, withdrawal. AGENCY: The U.S. Department of Agriculture withdraws a proposed rule SUMMARY: VerDate Sep<11>2014 17:35 Apr 14, 2021 Jkt 253001 recommended by the Florida Tomato Committee (Committee) to revise the exemption, container, and definition sections under the Marketing Order’s handling requirements and to update language to reflect current industry practices. After reviewing and considering the comments received, the proposed rule is being withdrawn. DATES: As of April 15, 2021, the proposed rule published on June 9, 2020, at 85 FR 35222, is withdrawn. FOR FURTHER INFORMATION CONTACT: Steven W. Kauffman, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324–3375, Fax: (863) 291–8614, or Email: Steven.Kauffman@usda.gov or Christian.Nissen@usda.gov. SUPPLEMENTARY INFORMATION: This withdrawal is issued under Marketing Agreement No. 125 and Order No. 966, as amended (7 CFR part 966), regulating the handling of tomatoes grown in Florida. Part 966 (referred to as the ‘‘Order’’) is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Committee locally administers the Order and is comprised of producers operating within the production area. This action withdraws a proposed rule published in the Federal Register on June 9, 2020, (85 FR 35222) to revise the exemption, container, and definition sections in the handling requirements of the Order. Specifically, the proposal would have removed the exemption for pear shaped or Roma type tomatoes. This would have required Roma type tomatoes to meet the grade, pack and container, inspection, and reporting requirements, and Roma type tomatoes would have been subject to assessment under the Order. The proposal also would have changed the exemption language for greenhouse and hydroponic tomatoes by eliminating the exemptions for greenhouse and hydroponic production and would have established a new exemption and definition for controlled environment production. It would have also adjusted the pack and container requirements, and updated language to reflect current industry practices. During the proposed rule’s 30-day comment period, eight comments were PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 received. All the comments may be viewed on the internet at http:// www.regulations.gov. Of the comments received, one comment favored aspects of the rule, and another favored implementing the handling requirements for Roma tomatoes, but opposed the new exemption definition for ‘‘controlled environment.’’ Four comments opposed removing the exemption for Roma tomatoes, and three of these comments also opposed the exemption change and definition for ‘‘controlled environment’’, with one further opposing the changes to the container requirements. The other comments received pertained to issues that were not applicable to the proposed rule. The proposed rule would have established changes to the handling requirements of the tomato Order. However, section 8e of the Act (7 U.S.C. 608e–1) provides that when certain domestically produced commodities, including tomatoes, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Since the proposed rule would have adjusted the exemptions to require previously exempt tomatoes to meet grade and/or size requirements, a corresponding change would have been needed to the tomato import regulations. The corresponding changes to the tomato import regulations were to be addressed in a separate rulemaking action. The comments opposed to the proposed rule focused primarily on the potential impact of changes to the tomato import regulations stemming from the changes to the domestic requirements as specified by section 8e. The opposing comments indicated the proposed changes would increase the cost and time to bring imported tomatoes to market. Other comments expressed the proposed rule was an attempt to set up technical barriers to restrict free trade, limit fair competition and would only benefit small economic special interests. Another stated some of the proposed changes were unnecessary, as Roma tomatoes from Mexico already must meet grade requirements under the U.S.-Mexico Suspension Agreement. Several comments objected to the definition of ‘‘controlled environment’’, stating it was trying to define production techniques that were not E:\FR\FM\15APN1.SGM 15APN1 19870 Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Notices used in the Florida production area. Another commenter questioned the development of the ‘‘controlled environment’’ definition, since greenhouse production methods represent a very small portion of the tomatoes handled in Florida. Comments also argued the proposed new exemption and definition were not reflective of production techniques used outside of the production area and the change would negatively impact greenhouse tomatoes. Further, one commenter stated shade-house production differs significantly from open-field tomato production, and that the structures in Mexico are permanent and provide a significant degree of control over growing conditions and warrant different treatment from openfield production. Several commenters also expressed that certain proposed changes were inconsistent with the Act and outside the scope of the Order. After reviewing and considering the comments received, the Agricultural Marketing Service (AMS) has determined there is little support for the proposed changes and the rule to modify the handling requirements for tomatoes grown in Florida should not be finalized. AMS intends to conduct outreach with Florida tomato industry stakeholders and consider whether changes will be proposed in the future. Accordingly, the proposed rule to modify the handling requirements in the Order that published in the Federal Register on June 9, 2020, (85 FR 35222) is hereby withdrawn. We are reopening the comment period for our notice announcing the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the regulations to prevent the introduction of gypsy moth from Canada into noninfested areas of the United States. We are taking this action to allow interested persons the opportunity to prepare and submit comments. SUMMARY: Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Gypsy Moth Host Materials From Canada The comment period for the notice published on January 21, 2021 (86 FR 6289–6290) is reopened. We will consider all comments that we receive on or before June 14, 2021. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Enter APHIS– 2020–0122 in the Search field. Select the Documents tab, then select the Comment button in the list of documents. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2020–0122, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road, Unit 118, Riverdale, MD 20737–1238. Supporting documents and any comments we receive on this docket may be viewed at www.regulations.gov or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799–7039 before coming. FOR FURTHER INFORMATION CONTACT: For information on the regulations for the importation of gypsy moth host material from Canada, contact Mr. Marc Phillips, Senior Regulatory Policy Specialist, PPQ, APHIS, USDA, 4700 River Road Unit 133, Riverdale, MD 20737; (301) 851–2114. For copies of more detailed information on the information collection, contact Mr. Joseph Moxey, APHIS’ Paperwork Reduction Act Coordinator, at (301) 851–2483. SUPPLEMENTARY INFORMATION: On January 21, 2021, we published in the Federal Register (86 FR 6289–6290, Docket No. APHIS–2020–0122) a notice 1 and request for comments on an Animal and Plant Health Inspection Service, USDA. 1 To view the notice, go to www.regulations.gov. Enter APHIS–2020–0122 in the Search field. List of Subjects in 7 CFR Part 966 Marketing agreements, Reporting and recordkeeping requirements, Tomatoes. Authority: 7 U.S.C. 601–674. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2021–07730 Filed 4–14–21; 8:45 am] BILLING CODE P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2020–0122] jbell on DSKJLSW7X2PROD with NOTICES Revision to and extension of approval of an information collection; reopening of comment period. ACTION: AGENCY: VerDate Sep<11>2014 17:35 Apr 14, 2021 Jkt 253001 DATES: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 information collection associated with the regulations to prevent the introduction of gypsy moth from Canada into noninfested areas of the United States. Comments on the notice were required to be received on or before March 22, 2021. However, the docket link in the ADDRESSES section for submission of comments was incorrect. We are therefore reopening the comment period on Docket No. APHIS– 2020–0122 for an additional 60 days to allow interested persons to prepare and submit comments. We will also consider all comments received between March 23, 2021, (the day after the close of the comment period) and the date of this notice. Done in Washington, DC, this 9th day of April 2021. Mark Davidson, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2021–07679 Filed 4–14–21; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS–2020–0008] Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA). ACTION: Notice of availability; reopening and extension of comment period. AGENCY: NRCS is announcing the reopening and 2-week extension of the comment period to give the public an opportunity to provide comments on specified conservation practice standards in National Handbook of Conservation Practices (NHCP). The comment period will end on April 22, 2021. DATES: Comment Date: We will consider comments that we receive by April 22, 2021. The comment period for the notice published on March 9, 2021 (86 FR 13522–13524) is reopened. ADDRESSES: We invite you to submit comments on this notice. You may submit comments through the: • Federal eRulemaking Portal: Go to http://www.regulations.gov and search for docket ID NRCS–2020–0008. Follow the instructions for submitting comments. • Mail, or Hand Delivery: Mr. Clarence Prestwich, National SUMMARY: E:\FR\FM\15APN1.SGM 15APN1

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[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Notices]
[Pages 19869-19870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07730]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 966

[Doc. No. AMS-SC-20-0004; SC20-966-1]


Tomatoes Grown in Florida; Modification of Handling Requirements; 
Withdrawal

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule, withdrawal.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Agriculture withdraws a proposed rule 
recommended by the Florida Tomato Committee (Committee) to revise the 
exemption, container, and definition sections under the Marketing 
Order's handling requirements and to update language to reflect current 
industry practices. After reviewing and considering the comments 
received, the proposed rule is being withdrawn.

DATES: As of April 15, 2021, the proposed rule published on June 9, 
2020, at 85 FR 35222, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Steven W. Kauffman, Marketing 
Specialist, or Christian D. Nissen, Regional Director, Southeast 
Marketing Field Office, Marketing Order and Agreement Division, 
Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: 
(863) 291-8614, or Email: [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION: This withdrawal is issued under Marketing 
Agreement No. 125 and Order No. 966, as amended (7 CFR part 966), 
regulating the handling of tomatoes grown in Florida. Part 966 
(referred to as the ``Order'') is effective under the Agricultural 
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), 
hereinafter referred to as the ``Act.'' The Committee locally 
administers the Order and is comprised of producers operating within 
the production area.
    This action withdraws a proposed rule published in the Federal 
Register on June 9, 2020, (85 FR 35222) to revise the exemption, 
container, and definition sections in the handling requirements of the 
Order. Specifically, the proposal would have removed the exemption for 
pear shaped or Roma type tomatoes. This would have required Roma type 
tomatoes to meet the grade, pack and container, inspection, and 
reporting requirements, and Roma type tomatoes would have been subject 
to assessment under the Order.
    The proposal also would have changed the exemption language for 
greenhouse and hydroponic tomatoes by eliminating the exemptions for 
greenhouse and hydroponic production and would have established a new 
exemption and definition for controlled environment production. It 
would have also adjusted the pack and container requirements, and 
updated language to reflect current industry practices.
    During the proposed rule's 30-day comment period, eight comments 
were received. All the comments may be viewed on the internet at http://www.regulations.gov. Of the comments received, one comment favored 
aspects of the rule, and another favored implementing the handling 
requirements for Roma tomatoes, but opposed the new exemption 
definition for ``controlled environment.'' Four comments opposed 
removing the exemption for Roma tomatoes, and three of these comments 
also opposed the exemption change and definition for ``controlled 
environment'', with one further opposing the changes to the container 
requirements. The other comments received pertained to issues that were 
not applicable to the proposed rule.
    The proposed rule would have established changes to the handling 
requirements of the tomato Order. However, section 8e of the Act (7 
U.S.C. 608e-1) provides that when certain domestically produced 
commodities, including tomatoes, are regulated under a Federal 
marketing order, imports of that commodity must meet the same or 
comparable grade, size, quality, and maturity requirements. Since the 
proposed rule would have adjusted the exemptions to require previously 
exempt tomatoes to meet grade and/or size requirements, a corresponding 
change would have been needed to the tomato import regulations. The 
corresponding changes to the tomato import regulations were to be 
addressed in a separate rulemaking action. The comments opposed to the 
proposed rule focused primarily on the potential impact of changes to 
the tomato import regulations stemming from the changes to the domestic 
requirements as specified by section 8e.
    The opposing comments indicated the proposed changes would increase 
the cost and time to bring imported tomatoes to market. Other comments 
expressed the proposed rule was an attempt to set up technical barriers 
to restrict free trade, limit fair competition and would only benefit 
small economic special interests. Another stated some of the proposed 
changes were unnecessary, as Roma tomatoes from Mexico already must 
meet grade requirements under the U.S.-Mexico Suspension Agreement.
    Several comments objected to the definition of ``controlled 
environment'', stating it was trying to define production techniques 
that were not

[[Page 19870]]

used in the Florida production area. Another commenter questioned the 
development of the ``controlled environment'' definition, since 
greenhouse production methods represent a very small portion of the 
tomatoes handled in Florida. Comments also argued the proposed new 
exemption and definition were not reflective of production techniques 
used outside of the production area and the change would negatively 
impact greenhouse tomatoes. Further, one commenter stated shade-house 
production differs significantly from open-field tomato production, and 
that the structures in Mexico are permanent and provide a significant 
degree of control over growing conditions and warrant different 
treatment from open-field production.
    Several commenters also expressed that certain proposed changes 
were inconsistent with the Act and outside the scope of the Order.
    After reviewing and considering the comments received, the 
Agricultural Marketing Service (AMS) has determined there is little 
support for the proposed changes and the rule to modify the handling 
requirements for tomatoes grown in Florida should not be finalized. AMS 
intends to conduct outreach with Florida tomato industry stakeholders 
and consider whether changes will be proposed in the future. 
Accordingly, the proposed rule to modify the handling requirements in 
the Order that published in the Federal Register on June 9, 2020, (85 
FR 35222) is hereby withdrawn.

List of Subjects in 7 CFR Part 966

    Marketing agreements, Reporting and recordkeeping requirements, 
Tomatoes.

    Authority: 7 U.S.C. 601-674.

Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2021-07730 Filed 4-14-21; 8:45 am]
BILLING CODE P